Life and Health News

June 2022

Welcome to our latest newsletter!  As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!


ADVERTISING / SALES & MARKETING

Oklahoma passed the Telephone Solicitation Act of 2022 prohibiting certain telephone sales calls without the prior written consent of the called party.  Other requirements and prohibitions are included.     HB 3168

Utah amended its Telephone and Facsimile Solicitation Law to prohibit a person from making a cellular phone solicitation without prior consent, amends prohibited provisions and makes other changes.     HB 217


AFFORDABLE CARE ACT

Arkansas replaced a previously issued bulletin dealing with 2023 plan year requirements for certification of qualified health plans, stand-alone dental plans, and requirements for ACA Compliant, Off-Marketplace Health Plan Submissions.     Bulletin 6A-2022

Delaware's Insurance Department gives guidance to insurers, managed care organization and health service corporations that issue individual and small/large group health insurance policies in Delaware regarding the completion of the 2022 Affordability Standards Data Request template under Regulation 1322.     Bulletin 129


AGENT / PRODUCER COMPENSATION

Nebraska added sections from the NAIC Unfair Trade Practices Act dealing with modernizing their anti-rebate law.     LB 863


AGENT / PRODUCER CONTINUING EDUCATION

South Carolina now allows a producer with at least 25 years of licensure and age 65 or older to be exempt from continuing education requirements.     Bulletin 2022-04


AGENT / PRODUCER LICENSING AND APPOINTMENT

Arkansas issued a bulletin to outline the 2022 company appointment renewal requirements for producers.  AID Bulletin 08-2022


AUTISM SPECTRUM DISORDERS

Virginia provided guidance to health carriers regarding treatment for autism spectrum disorder, an essential health benefit.     Administrative Letter 2022-02


CAPTIVES

Oklahoma amended its Captive Insurance Company Law.     SB 1242


CLAIMS / CLAIMS ISSUES

Texas amended its rule dealing with reporting and intercepting of insurance claims for child support enforcement.     1 TAC 55.601


CORPORATE GOVERNANCE

Iowa enacted legislation to allow corporations to use electronic mail and other electronic transmissions to communicate with shareholders unless the shareholder previously notified the corporation it objects to receiving electronic communications.     HF 2469


CREDIT FOR REINSURANCE

Connecticut now allows domestic insurers to receive credit for reinsurance ceded to insurers in a reciprocal jurisdiction.     RCSA 38a-88-1 through 12


DISASTER / CATASTROPHIC EVENT

Colorado passed an emergency regulation that: (1) requires carriers to provide access to COVID-19 vaccines without cost-sharing during the state's COVID-19 recovery, and (2) sets COVID-19 vaccine administration reimbursement requirements.     Emergency Regulation 22-E-12


ELECTRONIC TRANSACTIONS

Iowa passed a law that allows a group health plan sponsor or policyholder to consent to notices and documents delivered electronically. For the consent to be effective, the sponsor or policyholder must follow a specific set of requirements for each covered employee.     HF 2330


FILING REQUIREMENTS / PROCEDURES

South Carolina has withdrawn from the Interstate Insurance Product Regulation Compact. Guidance is given on current filings pending with the Compact.     Bulletin 2022-03


FINANCIAL REGULATION

Idaho issued a bulletin concerning the use of the Revised Accounting Practices and Procedures Manual and Valuation Manual of the NAIC.   Bulletin 22-05


HEALTH INSURANCE - COMPREHENSIVE

Arizona added a provision requiring health care insurers to provide coverage for biomarker testing.     HB 2144

Colorado provides guidance to carriers that all health benefit plans subject to 10-16-154 CRS are required to include cost-sharing for nonpharmacological treatment, in a situation where an opioid might be prescribed. It cannot exceed the cost sharing amount applicable to a primary care visit for non-preventive services for at least 6 physical therapy visits, 6 occupational visits, 6 chiropractic visits and 6 acupuncture visits per year.     Bulletin B-4.124

Maine amended Standards for Independent Dispute Resolution of Emergency Medical Service Bills.     Chapter 365

Maine amended the current law for coverage of prosthetic devices to clarify that coverage must be provided by health insurance carriers for the prosthetic device determined by the insured's provider to adequately meet the recreational and medical needs of an insured.     HP 741


HOLDING COMPANIES

New Hampshire updated its Holding Company law to incorporate receiverships and group capital calculation for credit for reinsurance.     HB 1558


PRE-NEED CONTRACTS

Tennessee authorized licensed funeral directors to sell pre-need funeral contracts and prearrangement insurance policies without registering with the insurance commissioner.     HB 2103/SB 2570


STRUCTURED SETTLEMENTS

Minnesota made several amendments to its structured settlement law.    HF 3768/SF 3636


UTILIZATION REVIEW - HEALTH CARE

Idaho adds a rule to set forth uniform requirements to be followed by health carriers and independent review organizations in implementing external review procedures.     Rule 18.04.01

Iowa passed a law relating to reimbursement for health care services provided after receipt of a prior authorization. This law prohibits a utilization review organization from revoking or imposing a limitation on a prior authorization after the date the health care provider provides the service.     HF 2399